celina municipal court … · the celina municipal court of celina, mercer county, ohio adopts the...
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CELINA MUNICIPAL COURT
RULES OF COURT
Court Rules: Table of Contents
The Celina Municipal Court of Celina, Mercer County, Ohio adopts the following Rules
for the conduct, government, and management of business operations, proceedings and
other functions and services of the Court. They shall become effective July 1, 2014, shall
supersede all previous Rules and shall remain in effect until amended or repealed.
These Rules shall apply in all instances except when they conflict with the provisions of
Rules promulgated by the Supreme Court of Ohio or are clearly not applicable.
The Rules of this Court are designed with the purpose in mind to make the judicial
system better for the people we serve.
These Rules shall be construed to achieve an orderly administration of the business of
this Court, to govern the practice of attorneys and parties before this Court and to secure
the just, speedy and inexpensive determination of every action. Reference to statutes,
regulations or rules shall be interpreted to include all revisions and amendments thereto.
Reference to the Clerk shall be interpreted to include the Clerk of this Court and any
Deputy Clerk.
The Judge of this Court reserves the right to vary any Rule, after hearing, in the interest
of justice.
TABLE OF CONTENTS
BY RULE PAGE
1 Term of Court 4
2 Hours of Court Sessions and Holidays 4
3 Records 5
4 Subpoena-Timeliness of Filing 6
5 Pleading Appearance not Required 6
6 Forcible Entry and Detainer 6
7 Jury Demand 7
8 Orders in Aid of Execution 7
9 Trusteeship 8
10 Costs and Security for Costs 10
11 Criminal Procedure-General 11
12 Numbering 13
13 Withdrawal of Charges 13
14 Judgments, Orders and Entries 13
15 Violations Bureau 13
16 Bail and Bond 13
17 Failure to Appear-Traffic Case 14
18 Case Management Plan 14
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19 Jury Use and Management Plan 21
20 Court Security Rule 26
21 Facsimile Filing Rule 27
22 Expungements 30
23 Electronic Filing 30
24 Collections 30
25 Assigned Counsel 31
26 Mediation 31
BY TOPIC
1.01 Term of Court 4
2.01 Hours of Court Sessions and Holidays 4
3.01 Records Open for Inspection 5
3.02 Filing 5
3.03 Releases and Assignments 5
3.04 Disposition of Case Files 5
3.05 Search Warrants 6
4.01 Subpoena-Timeliness of Filing 6
5.01 Pleading Appearance not Required 6
6.01 Forcible Entry and Detainer 6
7.01 Jury Demand 7
8.01 Orders in Aid of Execution 7
8.02 Executions 8
8.06 Sales and Confirmation 8
9.01 Trusteeship 9
10.01 Costs and Security for Costs 10
11.01 Criminal Procedure-General 11
11.02 Criminal action-filing 12
11.03 Arraignments 12
11.04 Computer Printouts in Traffic Cases 12
11.05 Pre-trial Conferences 12
11.06 Forfeiture of Property 12
11.07 Court costs-Criminal Action 12
11.08 Use of electronically produced ticket 12
12.01 Numbering 13
13.01 Withdrawal of Charges 13
14.01 Judgments, Orders and Entries 13
15.01 Violations Bureau 13
16.01 Bail and Bond 13
17.01 Failure to Appear-Traffic Case 14
18.01 Case Management Plan 14
18.03 Failure of Service 14
18.04 Continuances 14
18.06 Compliance with Soldiers and Sailors Relief Act 15
18.07 Final Judgment Entries 15
18.11 Findings of Fact and Conclusions of Law 16
18.14 Pleadings and Motions 16
18.16 Withdrawal of Counsel 16
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18.19 Notification of Representation 17
18.20 Civil Matters-Generally 17
18.23 Motions 17
18.24 Summary Judgment 18
18.25 All Other Motions 18
18.26 Final Pre-trials 18
18.27 Settled Cases 19
18.28 Bankruptcy 19
18.29 Post Decree/Judgment Motions 20
18.30 Criminal Matters-Discovery 20
18.31 Pre-trials and Hearings 20
18.32 Entries 21
18.33 Post Conviction Motions 21
19.01 Opportunity for Service 21
19.03 Jury Source List 21
19.07 Random Selection Procedures 21
19.14 Eligibility for Jury Service 22
19.15 Term of and Availability for Jury Service 23
19.17 Exemption, Excuse, and Deferral 23
19.20 Voir Dire 23
19.26 Removal from the Jury Panel for Cause 24
19.27 Peremptory Challenges 24
19.28 Administration of the Jury System 24
19.30 Notification and Summoning Procedures 24
19.32 Monitoring the Jury System 24
19.33 Juror Use 24
19.35 Jury Facilities 24
19.37 Juror Compensation 25
19.39 Juror Orientation and Instruction 25
19.42 Jury Size and Unanimity of Verdict 25
19.43 Jury Deliberations 26
19.47 Sequestration of Jurors 26
19.51 Enforcement of Rules 26
20.01 Court Security Rule 26
21.00 Facsimile Filing Rule 27
21.01 Applicability 27
21.02 Original Filing 27
21.04 Definitions 28
21.07 Cover Page 28
21.10 Signature 29
21.12 Exhibits 29
21.14 Time of Filing 29
21.18 Fees and Costs 30
21.20 Length of Document 30
22.01 Expungements 30
23.01 Supreme Court Login/ Report 30
24.01 Collection of Delinquent Fines, Cost and Restitution 30
25.01 Assigned Counsel 31
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26.01 Definitions 31
26.02 Domestic Violence 31
26.03 Referral to Mediation 31
26.04 Mediation Case Summary 32
26.05 No Advice 32
26.06 Mediation Report and Confidentiality 32
26.07 Settlement Agreement 32
CELINA MUNICIPAL COURT
RULES OF COURT
LOCAL RULES – SCOPE AND AUTHORITY
The following supplemental Local Rules of the Celina Municipal Court are
intended to be supplemental to and to be used in conjunction with the (1) Ohio Rules of
Civil Procedure, (2) Ohio Rules of Criminal Procedure, (3) Ohio Rules of
Superintendence for Municipal Courts and County Courts, (4) Ohio Traffic Rules, (5)
Rules of Superintendence of the Supreme Court of Ohio, and all amendments or
supplements thereto as may occur from time to time.
These Local Rules are not to be interpreted in any way that will conflict with the
various Ohio Rules. Should any conflict or contradiction be found, the Ohio Rules shall,
in all cases, prevail over the supplemental Local Rules.
The Rules of Practice of the Common Pleas Court of Mercer County may be
followed when a situation arises for which no provision has been made.
RULE 1
Term of Court
1.01 There shall be no term of Court, but in accordance with ORC Section #1901.29, for
the purpose of computing time, 90 calendar days following judgment shall be considered
after term.
RULE 2
Hours of Court Sessions and Holidays
2.01 The offices of the Court and the Clerk of Court shall be open for the transaction of
business during the hours set by the Court, Monday through Friday, legal holidays
excepted.
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Holidays will be observed as approved and established by the Judge of The Celina
Municipal Court each year. The Court may also close by this Court’s order when
circumstances exist which the Court feels it would be necessary and proper to cease
operations.
RULE 3
Records
Records Open for Inspection
3.01 The Clerk of Courts shall refuse to file depositions upon oral examination,
interrogatories, requests for documents, requests for admissions and answers and
response thereto, unless on order of the Court or for use as evidence or for consideration
of a motion in the proceeding.
All indexes, dockets and journals maintained in accordance with law by the Clerk shall
be open to inspection during regular business hours. Original papers, however, shall not
be removed from the office of the Clerk of Court. The same shall apply to affidavits,
warrants, and other documents filed of record in all criminal cases.
This rule shall not be construed as a right to examine any and all documents contained in
a file, such as accident reports, mental evaluations, alcoholic influence reports, trial notes,
arrest reports or any other forms, as depositions, interrogatories, that may be contained
therein of a confidential nature discoverable only upon Court orders pursuant to Ohio
Criminal Procedure Rules.
Civil case files shall have the same right of public examination above.
Documents photocopied by the clerk shall be charged for at the rate of $.05 per page.
Filing
3.02 All pleadings, motions and all other papers filed in an action shall be filed in
compliance with the Rules of Civil Procedure.
Any pleadings, motions or leave not filed in compliance with the Rules of Civil
Procedure shall be reported by the clerk of this Court to the Judge and may be stricken
from the files on the Court’s own motion.
Releases and Assignments
3.03 The assignment, cancellation or release of judgment shall be in writing and filed as
other papers in the case.
Disposition of Case Files
3.04 The disposition of case files shall comply with Rule 26 of the Rules of
Superintendence for the Court of Ohio.
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Search Warrants
3.05 The search warrant affidavit is not to be released to anyone until the return is filed
with the Judge by the issuing department.
RULE 4
Subpoena-Timeliness of Filing
4.01 Praecipes for the service of subpoenas shall be filed at least TEN (10) working days
before the subpoenaed party is required to appear. If this rule is not complied with, the
failure of the subpoenaed party to appear because of failure of service shall not constitute
grounds for a continuance. This rule applies unless it can be shown that the person filing
the praecipe was unaware of the name or location of the persons sought to be subpoenaed
in sufficient time to comply and that such information could not reasonably have been
obtained in time.
RULE 5
Pleading Appearance not Required
5.01 In criminal matters every attorney of record should appear to plead, however,
written pleas of not guilty may be accepted by the Court at the discretion of the Judge.
RULE 6
Forcible Entry and Detainer
6.01 Actions in Forcible Entry and Detainer shall be filed and proceedings conducted in
accordance with provisions of Chapter 1923 ORC and any amendments made thereto
according to law.
6.02 If an action in Forcible Entry and Detainer contains an additional cause of action for
money judgment, then such additional cause of action shall proceed under all applicable
Ohio Rules of Civil Procedure. If the defendant is present in such action, the Court may
proceed to the issue of damages at the time of hearing on the Forcible Entry and Detainer.
6.03 When it is necessary to forcibly vacate real property, the plaintiff and/or
landlord/plaintiff’s counsel shall notify the bailiff and the plaintiff shall file a precipe for
writ of restitution (to identify the articles to be moved) and unless otherwise ordered by
the clerk, shall require a deposit of not less than $50.00 before execution of the writ may
be ordered. Any costs beyond the $50.00 are to be advanced by plaintiff according to the
need for additional costs as required by the Court.
The plaintiff/landlord shall directly choose and make all contacts, moving expense
payments and arrangements with the moving company. The moving company will
schedule dates and times with the bailiff to remove tenant’s possessions. Any moving
company within Mercer County and/or adjacent Ohio county chosen or selected by the
landlord however must be duly licensed by the Public Utilities Commission of Ohio
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(PUCO) and is to have dry storage facilities available as may be appropriate for the
storage of tenant’s removed possessions.
RULE 7
Jury Demand
7.01 Jury demand shall be made pursuant to Criminal Rules and Civil Rules.
Subsequent to the issuing of jury notices, which are normally issued fourteen (14) days in
advance of a scheduled trial date, any party (or parties) requesting a continuance which is
granted, or who agrees to a settlement, or who withdraws a jury demand shall be
responsible for notice to the prospective jury that their attendance is no longer required.
Where appropriate and proper, the Court may assign costs regarding such procedure, or
failure thereof.
7.02 In the event a panel of jurors appears for service and the trial is continued or
postponed due to the failure of a party or his counsel to appear, such party shall be
assessed the per diem cost of the panel unless such failure to appear is as a result of
extreme emergency or conditions beyond the control of the party or counsel as the same
may be determined by the Court.
7.03 The failure of the party demanding the jury to comply with any of the provisions of
this rule may constitute a waiver of the jury and the matter may be submitted to and
decided by the Court.
7.04 Failure to timely rescind jury demand: After a jury has been demanded, unless the
jury is waived in writing not less than seven (7) days prior to the date set for trial, the
party who requested that jury, and thereafter within such seven (7) days prior, waives
same, shall pay all jury fees and expenses incurred as a result of such demand.
7.05 Any application for withdrawal of counsel shall be accompanied by a withdrawal of
all pending motions and any jury demand. Such withdrawal shall not prejudice a
subsequent jury demand by or in behalf of a criminal defendant.
RULE 8
Orders in Aid of Execution
8.01 Orders in aid of execution shall be served and scheduled pursuant to statute and
civil rules.
Service thereof may be made by regular United States mail.
No order in aid of execution shall be accepted by the clerk unless the name of the
attorney filing the same appears at the bottom of each copy.
The clerk shall not accept such orders unless one copy is furnished for each party to be
served and one copy for the clerk.
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In the event the plaintiff or his attorney fails to appear for the examination of a debtor, the
presence of the party shall be noted on the docket and the party excused.
A debtor may obtain a release of wages upon delivery to the Court of a signed statement
from his employer as to his earnings for the past thirty (30) days and upon payment to the
clerk of the amount required by law to be withheld. This provision shall not relieve the
debtor of his duty to appear at the time assigned if he has been ordered to appear for
examination.
Except for good cause, made known to the Court, no citation in contempt for failure to
appear may be issued where more than sixty (60) days have elapsed after the date on
which the debtor was ordered to appear.
Order in aid and citations in contempt shall be filed by the party requesting the orders and
in a form acceptable to the Court.
Executions
8.02 Praecipes for execution shall describe specifically and in detail (including model
and serial numbers if known) all property to be seized by the bailiff or sheriff on
execution.
8.03 When an execution is issued, and unless otherwise ordered by the clerk, the Court
shall require a deposit of not less than seven hundred fifty dollars ($750.00) to secure the
estimated basic costs of pick-up and storage of the items that are to be executed upon plus
costs and estimated mileage. This deposit shall occur prior to any pick-up action.
8.04 Any judicial sale shall be first approved by the bailiff as to exact time and date to
avoid conflict.
8.05 Counsel for the party requesting any judicial sale shall prepare any newspaper
publication required, cause the same to be published at the party’s expense and file an
Affidavit of Publication with the clerk and bailiff prior to sale.
Sales and Confirmation
8.06 A copy of the notice of the sale of personal property shall be mailed by the bailiff to
parties and to attorneys of record in the case; however, failure to mail such notice shall
not invalidate the sale.
8.07 Entries of confirmation and distribution shall be prepared by the party who
requested the sale and shall contain a statement that the sale was regular and proper in
every respect unless otherwise directed by the Court and also a statement of the balance,
if any, still due on the judgment.
RULE 9
Trusteeship
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In all cases where a trustee is appointed by this Court pursuant to Section 2329.70
O.R.C., the following shall apply:
9.01 A person making application for appointment of a trustee must have in his
possession a fifteen day notice of garnishment that has been served on him by a creditor.
9.02 To be eligible for the appointment of a trustee a debtor must be a resident of Mercer
County or a non-resident of Ohio employed in Mercer County and must be subject to
garnishment in accordance with the law.
9.03 The application must be accompanied by a statement as to creditors, containing the
name and complete address of each creditor, what was purchased, amount due each
creditor, and the account number.
9.04 No debt for $50.00 or less shall be included in the trusteeship.
9.05 Debtor shall pay to the trustee twenty-five percent (25%) of his gross income, less
taxes only, weekly, bi-weekly or monthly, according to his pay schedule. Other items
which appear on check stubs which are withheld such as union dues, credit union
charges, insurance, savings or anything of this nature will be included in the wages on
which the 25% is based. Debtor’s pay stub shall be submitted with each trusteeship
payment.
9.06 Any payment which is ten days late will cause the trusteeship to be dismissed. If
the debtor misses two consecutive payments to the trustee and the reason for missing the
payment is that the debtor has not worked and has not received wages from his employer,
the debtor must, by the date that the second payment is due, submit to the trustee a
written statement from the employer indicating that no wages were paid for the preceding
work period. The debtor may not reopen or file for a new trusteeship within six months
without satisfactorily showing that the failure to pay was not due to willful negligence.
9.07 If the debtor becomes unemployed a minimum payment of $10.00 per week must
be paid to the trustee.
9.08 Distribution to creditors will be made when $800.00 has been accumulated in the
trusteeship. A fee of 2% of the distribution will be assessed to cover costs. Debtor will
be advised of amount distributed and new balances due creditors.
9.09 Debtor shall notify the Court immediately of any change in address or employment.
9.10 A secured creditor may elect not to participate in the trusteeship. Therefore the
debtor would be required to make payment directly to them, over and above the amount
that is paid into the trusteeship. Failure of the debtor to make payments to the secured
creditor who does not wish to participate in the trusteeship can result in the creditor
repossessing the property that is given as security. However, no creditor can garnish the
debtor’s wages while he is in trusteeship regardless of whether the creditor has or has not
elected to participate in the trusteeship.
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RULE 10
Costs and Security for Costs
10.01 When a case in this Court is dismissed for want of prosecution or for failure to
comply with an order of the Court, or by plaintiff without prejudice before judgment, all
the proceedings by the plaintiff in the same case or in any subsequent suit upon the same
cause of action shall be stayed until the costs in the former action are paid, unless
otherwise ordered by the Court.
10.02 No action or proceeding shall be accepted for filing by the clerk of this Court
unless there first shall be deposited the filing fee required by this Court in its schedule of
costs, except that upon representation of indigency, the clerk of this Court shall
investigate the accuracy of such representation and upon finding that such indigency does
exist, the security for costs shall be waived.
10.03 Filing fee of $100.00 shall be required in all civil cases except those listed in Rule
10.06. This includes certified mail to two defendants. Certified mail service for each
additional defendant costs $15.00. The filing fee for Small Claims cases is $60.00 with
each additional defendant being $15.00. These fees shall be paid at the time the complaint
is filed.
10.04 A fee of $35.00 will be required in all civil cases upon the filing of a cross-
complaint or upon the filing of a third-party complaint or counterclaim. The filing fee for
a Small Claims counterclaim is $30.00.
10.05 In any case wherein service is to be made by publication, counsel for the party
desiring service by publication shall submit to the clerk of Court the proposed legal
notice for such publication. This notice shall be promptly published in the local
newspaper by the Clerk of Courts. The cost of the legal notice shall be paid by counsel
directly to the newspaper.
10.06 The filing fee for civil BMV petition cases shall be $90.00. The filing fee for a
Forcible Entry & Detainer shall be $125.00.
10.07 A deposit of $750.00 is required for the issuance of an execution for an automobile
and a deposit of $750.00 is required for an execution on personal property. The
actual court cost for the issuance of the execution is $25.00.
10.08 In cognovit cases, the costs shall be paid upon the filing of the judgment.
10.09 A filing fee of $60.00 shall be required for a Debtor’s Examination.
10.10 A filing fee of $100.00 shall be required for a personal earnings garnishment. An
additional fee will be charged for personal service outside of Mercer County if so
requested by the attorney. Otherwise, all garnishments outside of Mercer County will be
sent regular mail with certificate of mailing.
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10.11 A filing fee of $60.00 shall be required for an Other Than Personal Earnings
Garnishment (plus $1.00 for the garnishee).
10.12 The clerk shall not accept a poverty affidavit for filing (an affidavit setting forth a
party’s inability to make the required deposit for costs), unless and until the Court
indicates thereon his approval of the same. To secure such approval, the attorney for the
party desiring to file said affidavit shall certify that no monies have been paid to him by
the party and that to his best knowledge and belief, the party is unable to make the
deposit.
10.13 In any case in which the Court has approved a poverty affidavit, the clerk may,
upon request by such party’s attorney, waive deposit for costs of publication. However,
in such cases, it shall be the responsibility of the attorney making the request to advise
the publisher in writing at the time the legal notice is presented for publication, that no
funds have been deposited with the clerk for payment of the publication costs, and at the
same time the attorney shall file with the clerk a written certification signed by the
attorney stating that he has so advised the publisher.
10.14 No new proceedings shall be accepted by the clerk for filing when the party has
unpaid costs due the court as a result of prior proceedings, except when approved by the
Judge, or the party’s indigency has been established.
10.15 A deposit of $40.00 is required in all Trusteeship cases at the time of filing.
10.16 A deposit of $1,000.00 is required in all civil cases where a Jury Demand is filed.
Said deposit is to be made thirty (30) days prior to the date scheduled for the jury trial.
10.17 In the civil division, personal service by bailiff (in-county) is $20.00 for each
individual. Personal service by sheriff (in/out-of-county) is $50.00 for each individual.
When the return by the sheriff is made with the court and additional money is due, the
additional fees will be billed to the person who deposited the fee. If the service is less
than the $50.00 deposit, the difference will be returned to the person who deposited the
fee.
10.18 A fee of $15.00 will be assessed as costs in a traffic or criminal case when a
payment plan is established rather than payment in full at the conclusion of the case.
10.19 Overpayments on traffic and criminal cases and balances of civil deposits $5.00
or less will not be refunded.
RULE 11
CRIMINAL PROCEDURE – GENERAL
11.01 All rules set forth above with reference to civil proceedings shall, where
applicable, be enforced in criminal proceedings before this Court, in addition to the other
rules contained herein.
Criminal action – filing
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11.02 The Clerk of Court and all deputy clerks shall not accept criminal filings, other
than criminal minor misdemeanor and traffic offenses, from any person except a duly
authorized police officer, having jurisdiction within the territorial jurisdiction of this
Court unless the complaint has been reviewed and approved by a County or Municipal
Court Prosecutor or investigating officer of Mercer County. Private citizens may file
complaints only after consulting with the Mercer County Prosecutor’s office or the City
of Celina Law Director.
Arraignments
11.03 It is ordered that no eligible traffic offense or minor misdemeanor be scheduled for
Court appearance sooner than seven (7) days after issuance of the ticket unless: (1)
Defendant requests an earlier appearance or; (2) Defendant is incarcerated due to inability
to post bond.
Computer Printouts in Traffic Cases
11.04 All traffic citations for offenses more serious than minor misdemeanors shall be
accompanied by a computer printout of the defendant’s record if the defendant is a
resident of Ohio. It is the responsibility of the arresting officer to insure that the printout
is filed with the case.
Pre-trial Conferences
11.05 No pre-trial conferences shall be held on minor misdemeanors except on written
order of the Court. Other contested cases in which the defendant is represented will
normally be pre-tried. The defendant’s presence is required at all pre-trial conferences,
unless waived by agreement of counsel.
Forfeiture of Property
11.06 All property seized by law enforcement agencies in accordance with ORC 2933.41
and subject to forfeiture in accordance with division (C) of said section shall be deemed
forfeited unless the Court orders otherwise. All applications for return of property
subject to forfeiture shall be in writing, signed by the owner, and submitted no later than
30 days after final disposition of the case.
Court Costs – Criminal Action
11.07 All costs for traffic and criminal actions are imposed pursuant to the mandatory
requirements of Sections 311.17, 1901.26, 2743.70 and 2949.091 of the Ohio Revised
Code.
Use of electronically produced ticket
11.08 The use and filing of a ticket that is produced by computer or other electronic
means is hereby authorized in the Celina Municipal Court. The electronically produced
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ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket. If an
electronically produced ticket is issued at the scene of an alleged offense, the issuing
officer shall provide the defendant with a paper copy of the ticket.
RULE 12
NUMBERING
12.01 All actions brought in this Court shall be numbered consecutively as filed and
shall be entered on the docket and indexed as numbered. Thereafter, in filing any papers
therein or calling the attention of the Court to any case, its number must be given.
RULE 13
WITHDRAWAL OF CHARGES
13.01 All recommendations for withdrawal or dismissal of a case and the reasons
thereafter shall be made in writing or in open Court.
RULE 14
JUDGMENTS, ORDERS AND ENTRIES
14.01 All criminal and traffic judgments and orders of this Court shall be shown as
entered on the dockets of the Court as of the date the said judgments were announced by
the Court.
RULE 15
VIOLATIONS BUREAU
15.01 Pursuant to Rule 13 of the Uniform Rules of Procedure in traffic cases (and see
also Ohio Criminal Procedure 4.1 and M.C. Sup. R.11) a violations bureau is hereby
established for the acceptance of pleas of guilty in those cases not prohibited by said
uniform rules.
15.02 The clerk of this Court is hereby appointed as violations clerk of the bureau.
15.03 In accordance with Ohio Crim. Proc. R. 4.1 (E), this Court establishes the bond,
fines and costs per schedule filed in the office of the clerk.
RULE 16
BAIL AND BOND
16.01 All monies for bail can be posted in the name of the defendant or the name of the
person advancing the bond. The person advancing the bond needs to indicate if the bond
is being posted in their name or the defendant’s. Surety may be liable for the full amount
of bond if the defendant fails to appear.
16.02 When the case is finished and if the defendant has been found guilty, all bond
money posted in the defendant’s name shall be applied to the Court cost, fine and
restitution in the following manner: All monies paid shall be first applied to pay
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restitution. Upon all restitution being satisfied, monies paid shall be applied to costs and
then to fine. Any bond remaining after the payment of costs, fine and restitution is
ordered released. Any bond money posted in the name of the person advancing the bond
shall be released to them.
16.03 In all cases in this Court, bond is designated as cash bond, can also be made in an
equal amount of surety bond unless otherwise ordered or specified by the Court. Real
property bond is also permitted to be posted in twice the amount of the cash bond
indicated. Said real property must be located in Mercer County and by proper proof and
verification be shown to have a net value and equity of at least twice the amount of the
cash bond.
RULE 17
FAILURE TO APPEAR – TRAFFIC CASE
17.01 Failure of a defendant to appear as indicated on his citation shall proceed in
accordance with Traffic Rule 7 and as follows: (1) His bond, if posted, may be forfeited.
(2) He may be granted a week’s continuance to appear at a subsequent arraignment
hearing, but no notice will be mailed to him. Failure to then appear shall result in the
issuance of a bench warrant, subject to appropriate bond. (3) Failure of Ohio resident to
appear within thirty (30) days, the Court shall declare the suspension of the person’s
license per ORC 2935.26 and 2935.27. (4) Failure of non-resident to appear shall
proceed according to non-resident violator compact as appropriate.
RULE 18
CASE MANAGEMENT PLAN
18.01 The purpose of this rule, pursuant to Rule 18 of the Rules of Superintendence for
Municipal Courts is to establish an automated system for civil, criminal and domestic
relations case management which will achieve the prompt and fair disposition of all
cases, provide the Court with an efficient means of controlling the flow of cases, and save
time by providing members of the bar with information and case management facilities.
18.02 The Clerk of Courts will provide to the Court a list of all cases filed or reactivated
during the preceding week.
Failure of Service
18.03 If service is not completed within six (6) months as required by Civil Rule 4 (E),
the Court will serve notice on plaintiff’s counsel that unless service is obtained within
fourteen (14) days, the case may be dismissed.
Continuances
18.04 To assure compliance with the requirements of Rule 16 of the Rules of
Superintendence for Municipal Courts, the Court will not grant a Motion for Continuance
without said motion being in writing, stating the reason for the continuance, and
containing or being accompanied by an appropriate entry granting the motion and
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reassigning the matter for a date and time certain when all counsel are available and
which has been approved by the Court.
18.05 When counsel requests a continuance for the reason that counsel is scheduled to
appear in another case assigned on the same date, the Court will give priority to the case
that was first assigned; provided however, criminal cases shall have priority over civil
cases. Counsel shall attach a copy of the conflicting assignment notice to the motion.
Compliance with Soldiers and Sailors Relief Act
18.06 In any action or proceeding commenced in this Court, if there shall be a default of
any appearance by any party, the party seeking judgment shall file with the Court an
affidavit setting forth facts showing that the party in default is not in the military service.
If unable to file such affidavit, the party seeking judgment shall file an affidavit setting
forth that the party in default is either in the military service or that the affiant is not able
to determine whether or not such defaulting party is in the service so that judgment can
be entered as 50 U.S.C. 520, et seq.
Final Judgment Entries
18.07 At all uncontested hearings, the Court requests counsel to present a judgment entry
with supporting orders and sufficient copies to be served on all parties and other entities
as required by these rules.
18.08 After the Court renders a decision in a contested matter and requests counsel to
prepare a judgment entry, counsel requested to prepare the entry shall have fourteen (14)
days to submit the entry to opposing counsel for approval. Opposing counsel shall have
seven (7) days to approve and deliver the entry to the Court or submit it, along with an
alternate proposed entry to the Court. If the Court does not receive the entry within
twenty-one (21) days of rendering its decision, the Court may give notice of a Hearing on
Entry, and counsel of record shall appear and show cause why they have failed to submit
the entry. If the Court receives two (2) alternate proposed entries, the Court may issue
one of the alternate proposed entries, issue its own entry, or schedule a Hearing on Entry.
18.09 When counsel prepare an entry to be signed by the Court, counsel shall add the
following Certificate of Service at the end of the entry:
This is to certify that a copy of the foregoing (state the title of the document being
served) has been issued by regular U.S. Mail to (list the names of the counsel
of record or the parties, if no counsel of record) at their respective addresses
on ________________, 20____.
_________________________
18.10 In all cases, counsel shall supply sufficient copies of all documents to be served on
parties, counsel of record and any other appropriate parties as may be necessary and
required. Civil plaintiffs or counsel not supplying service copies to the court will be
charged $.25 per page for copies.
Findings of Fact and Conclusions of Law
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18.11 When a party requests the Court to state its findings of fact separately from its
conclusions of law under the provisions of Civil Rule 52, the party requesting such
statement shall, within seven (7) days after receipt of notice of the Court’s decision,
submit to the Court a statement of proposed findings of fact and conclusions of law and
shall serve copies thereof on all opposing parties or their counsel. Within seven (7) days
after receipt of such proposed statement of findings of fact and conclusions of law,
opposing counsel shall submit and similarly serve their proposals.
18.12 For want of strict compliance with this rule on the part of the party requesting this
statement of finds of fact and conclusions of law, the Court will enter a general finding.
18.13 A party moving for dismissal pursuant to Civil Rule 41 (B)(2) shall submit to the
Court proposed findings of fact and conclusion of law in writing together with his Motion
for Dismissal.
Pleadings and Motions
18.14 All filed documents containing more than one page shall have numbered pages.
The second page and all pages thereafter shall recite the case name, case number and
shall identify the documents by name. This Rule of Court shall not apply to depositions
which are bound and filed in booklet form.
18.15 In all matters submitted on memoranda, each memorandum shall be filed with the
clerk of Courts and a copy mailed or delivered by counsel to opposing counsel.
Withdrawal of Counsel
18.16 The Court will not permit counsel to withdraw from any action at any time within
twenty-one (21) days in advance of trial, final pre-trial or evidentiary hearing without
written approval of the Court. At other times, the Court will permit counsel to withdraw
only upon: (1) Written application with the written consent of the party and Entry of
Appearance of a substitute counsel, or; written application showing good cause with
service of said application and a copy of this rule upon the represented party and upon
such of the terms as the Court may impose.
18.17 If counsel shall become unable to represent a party or formally withdraw from a
case, the party shall have fourteen (14) days to secure new counsel. Upon application of
the parties, said time may be extended. If a party fails to procure counsel within fourteen
(14) days or fails to request the Court for an extension, the Court will assign the matter as
in any other case, and the case will proceed. In such case, Notice of Assignment filed
with the clerk and made a part of the original papers will be deemed notice to the party
without counsel.
18.18 Any counsel formally withdrawing from a case shall advise the party to the action
of this rule by furnishing a written copy of such rule to the party.
Notification of Representation
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18.19 Any attorney upon accepting representation of a party in any civil, small claims or
criminal matter, shall immediately notify the Court of such representation, even though
his appearance may not as yet have been entered in the case.
Civil Matters – Generally
18.20 Thirty (30) days after an action is commenced by completion of service of process,
if responsive pleadings have been filed, a Scheduling Conference will be assigned at
which all counsel of record shall be present. The Court will conduct telephonic
Scheduling Conferences only with leave of Court. If the Court grants such leave, counsel
requesting the telephone conference shall arrange the conference call with all counsel of
record and the Court at a time approved by the Court.
18.21 After the Scheduling Conference, the Court will issue a Scheduling Order which
may include time limits for the following:
(1) To join new parties and amend the pleadings;
(2) To file and hear motions;
(3) To identify witnesses and expert witnesses;
(4) To complete discovery;
(5) To enter into any alternative dispute resolution proceedings;
(6) To establish a trial date;
(7) Any other matters appropriate to the particular case.
The Court will not modify the Scheduling Order except upon showing of good cause.
Counsel shall have the obligation of notifying the Court of any noncompliance with the
Scheduling Order.
18.22 After sixty (60) days of the completion of service, if no responsive pleading has
been filed and no action has been taken by plaintiff’s counsel, the Court will request
plaintiff’s counsel either to proceed in some manner, seek Default Judgment, or dismiss
the action.
Motions
18.23 Default Judgments shall be granted in accordance with Civil Rule 55. All motions
shall recite that the moving counsel has not been contacted by the defaulting party or
counsel for the defaulting party or, if contact has been made, the extent to which such
contact has been made.
Upon the filing of a motion for default judgment, a judgment will be granted at that time
if the following requirements are met: 28 days have passed since service; the court has a
military affidavit on file in the case for the defendant(s); no answer has been filed or
appearance made by the defendant(s); and a proposed judgment entry has been submitted
to the Court for its approval.
If the party against whom judgment by default is sought has made an appearance, the
party seeking a default judgment may be required to appear at a hearing, be prepared to
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present evidence and/or present supporting documentation in support of the claims as the
Court may deem necessary or proper in accordance with Civil Rule 55 (A).
Summary Judgment
18.24 Motions for Summary Judgment shall be governed by Civil Rule 56. Upon the
filing of a Motion for Summary Judgment, the Court will issue an order fixing a hearing
date. The opposing party shall have twenty-one (21) days from the date of service of the
order to file a response. Oral arguments shall be considered waived and the motion(s)
submitted, unless written request for oral arguments is received not later than seven (7)
days prior to the scheduled hearing.
In any memorandum or argument, counsel shall refer to specific pages, paragraphs, and
lines of any pleadings, interrogatories, affidavits, depositions, or other documentary
evidence which counsel desires the Court to consider.
All Other Motions
18.25 The Court will decide all other motions without oral arguments unless a party
requests a hearing and/or the Court determines that a hearing is appropriate. The moving
party shall attach to the motion a Memorandum in Support of the Motion which shall cite
any authorities relied upon and shall submit with the motion a proposed Judgment Entry.
Any party opposing the motion shall file a written response within fourteen (14) days of
service of the motion. Reply or additional briefs or memorandums may be submitted
only with the approval of the Court.
When a plaintiff files a voluntary dismissal under Civil Rule 41, the Clerk of Courts shall
enter a Dismissal Entry on the docket and collect the Court costs from the plaintiff.
Final Pre-trials
18.26 At all scheduled final pre-trials, trial counsel of record shall be present with their
clients and/or those persons with settlement authority.
Counsel are requested to meet prior to any scheduled pre-trial to resolve as many issues
as possible.
The Court may order counsel to prepare a pre-trial statement containing any of the
following information as may be appropriate:
(1) Concise statement of the general claims and defenses of the parties;
(2) Facts established by admissions in the pleadings, admissions by discovery,
and stipulation of counsel;
(3) Contested issues of facts;
(4) Contested issues of law, together with counsel’s citation of authority for
counsel’s position;
(5) Names and addresses of witnesses, as well as expert witnesses and their
qualifications, expected to testify at trial, together with a brief statement of the subject
matter of each witness’s expected testimony;
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(6) List of exhibits counsel intend to offer into evidence, marked as follows:
(a) Joint Exhibits – Roman numerals;
(b) Plaintiff’s Exhibits – Arabic numerals;
(c) Defendant’s Exhibits – Letters;
Counsel shall certify that they have exchanged exhibits and, if possible, provide a copy
for the Court.
(7) Motions in Limine not already filed;
(8) Statement of any additional motions needed to be filed;
(9) Statement detailing completed discovery to date and additional discovery
needed by counsel;
(10) List of specific damages being requested;
(11) Counsel’s expectations of trial time needed to present his/her side of the
case;
(12) Specific jury instructions other than standard, if jury trial;
(13) Request for a view of the scene, if appropriate, with instructions for the
bailiff;
(14) Status of settlement negotiations;
(15) Any other information which will be helpful to the Court in either
negotiations or preparation for trial.
All pre-trial statements shall not be filed with the clerk but shall be directly submitted to
the Court with copies served upon all other counsel or pro se parties not less than seven
(7) days prior to final pre-trial unless the Court otherwise directs.
The Court may order counsel to prepare a joint Pre-trial Statement, containing any of the
foregoing information.
Failure to submit a Pre-trial Statement or to comply with any other Court orders in a
timely manner may result in appropriate sanctions, including exclusion of testimony or
exhibits, denial of claims, directed verdict, dismissal of the case, contempt of Court, or
such other action the Court may deem appropriate.
Counsel is responsible for notifying the Court of any party’s failure to cooperate with
other parties or to diligently attempt to comply with all pre-trial orders of the Court.
Settled Cases
18.27 Counsel shall immediately notify the Court when a case has been settled. If the
Court does not receive an entry terminating the case within twenty-eight (28) days after
receipt of notification of settlement, the Court will assign the matter for Hearing on
Enforcement of Settlement at which time all counsel of record and parties or persons with
settlement authority shall be present unless a termination entry is received prior to said
hearing.
Bankruptcy
18.28 If any party files a proceeding in the U.S. Bankruptcy Court which results in a stay
of this court’s proceedings, counsel for the debtor shall immediately file with the Court a
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notice of same with an attached, file stamped copy of the petition and entry staying
proceedings as provided by the provisions of 11 U.S.C. 362. Counsel for the debtor shall
immediately notify the Court of any action of the Bankruptcy Court which would permit
this Court to proceed with the case.
Post Decree/Judgment Motions
18.29 Upon the filing of any post decree motion, counsel shall obtain a hearing date and
include the hearing date in the motion to be served on the parties. The Court may recess
the hearing and conduct a Pre-trial at its discretion.
The Court’s rules on Pre-trial Statements; Settled Cases; and Final Entries shall apply to
all post decree/judgment motions.
Criminal Matters – Discovery
18.30 Upon oral request, the Prosecutor shall deliver to defense counsel an information
packet containing the following:
(1) All police reports;
(2) All known witness statements;
(3) Any statement of the defendant;
(4) All available laboratory reports;
(5) Names and addresses of all known witnesses;
(6) Video, audio & narrative discovery.
Police reports supplied in the information packet shall not be used for cross-examination
of any witness unless the same is properly qualified under Criminal Rule 16 (B)(1)(g) and
Ohio Rules of Evidence, Rule 16.
Receipt of the information packet by defense counsel automatically obligates the defense
counsel to supply reciprocal discovery as provided by Criminal Rule 16.
Pre-trials and Hearings
18.31 An initial pre-trial shall be assigned at the time of arraignment for the purpose of
establishing time periods for discovery and dates for motion hearings, pre-trials and trial.
Counsel are requested to meet promptly at the time the matter is scheduled for pre-trial to
resolve as many issues as possible.
If the attorney for the defendant wants the defendant present for a hearing and the
defendant is incarcerated out of county, it is the responsibility of defense counsel to file,
at least ten (10) days prior to the hearing, a motion requesting the defendant be conveyed
to Mercer County for the hearing.
The investigating law enforcement officers will be notified of all hearings, but need be
present only for Trials and Motion Hearings unless otherwise notified by the City Law
Director.
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Entries
18.32 If counsel is requested to prepare an entry, counsel shall submit it to the Court
within three (3) business days.
Post Conviction Motions
18.33 Upon the filing of any post conviction motion, the matter will be scheduled for
either a conference or hearing if appropriate.
The Court’s Rules on continuances; pre-trial; and entries shall apply to all post conviction
motions.
RULE 19
JURY USE AND MANAGEMENT PLAN
Opportunity for Service
19.01 The opportunity for jury service shall not be denied or limited on the basis of race,
national origin, gender, age, religious belief, income, occupation, disability, or any other
factor that discriminates against a cognizable group in the jurisdiction.
19.02 Jury service is an obligation of all qualified citizens of Mercer County, Ohio.
Jury Source List
19.03 Pursuant to Court order, a jury source list shall be obtained from the Board of
Elections’ list of registered voters in the form of a computer printout. The Court shall
designate a key number based on the total number of registered voters and the number of
jurors needed for year of service.
19.04 The jury source list shall be as representative and shall be as inclusive of the adult
population in the jurisdiction as is feasible.
19.05 The Court shall review the jury source list for its representativeness and
inclusiveness of the adult population in the jurisdiction as is feasible.
19.06 Shall the Court determine that improvement is needed in the representativeness or
inclusiveness of the jury source list, appropriate corrective action shall be taken.
Random Selection Procedures
19.07 Potential jurors shall be drawn from a jury source list which shall constitute a list
of all registered voters in Mercer County, by the use of random selection procedures
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using automated data processing equipment in conformity with R.C. Chapter 2313 as
adopted by Local Rule hereinbefore set forth or any other process allowed by law that
may be adopted, ie drivers license issuance.
19.08 Jury commissioners, duly appointed pursuant to R.C. 2313.01, shall convene and
select a sufficient number of prospective jurors for grand juries and petit juries for the
calendar year.
19.09 The jury commissioners shall convene and complete a list of prospective jurors for
the part term of court as needed.
19.10 In the event the number of prospective jurors is insufficient to meet the needs for
the court in the calendar year, the jury commissioners shall reconvene as necessary to
select additional prospective jurors in accordance with R.C. 2313.01.
19.11 The lists for prospective jurors shall be reviewed and unsuitable names purged
from such lists, in accordance with the powers provided to jury commissioners by R.C.
2313.01. If, in the opinion of the Court, this jury source list is not representative of the
adult population of the jurisdiction, additional source lists shall be utilized as authorized
by law.
19.12 Departures from random selection shall be permitted only as follows:
(1) To exclude persons ineligible for service;
(2) To excuse or defer prospective jurors;
(3) To remove prospective jurors for cause or if challenged peremptorily;
(4) To provide all prospective jurors with an opportunity to be called for jury
service and to be assigned to a panel.
19.13 All prospective jurors shall be notified by regular mail that their name has been
drawn and placed upon the list for jury service. Each prospective juror shall be required
to complete and return a juror questionnaire within seven days of the receipt of said
notice.
All prospective jurors shall be notified of the requirement of their service by the issuance
of a summons directing them to appear on a specific date for a particular case. Said
summons shall be phrased so as to be readily understood by an individual unfamiliar with
the legal process and shall be delivered by ordinary mail.
Eligibility for Jury Service
19.14 All persons shall be eligible for jury service except those who:
(1) Are less than 18 years of age;
(2) Are not citizens of the United States;
(3) Are not residents of the jurisdiction in which they have been summoned to
serve; to wit, Mercer County;
(4) Are not able to communicate in the English language;
(5) Have been convicted of a felony and have not had their civil rights
restored.
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Term of and Availability for Jury Service
19.15 The time that persons are called upon to perform jury service and to be available
shall be the shortest period consistent with the needs of justice.
19.16 Jurors shall be available during the part term for which the jurors have been
summoned.
Exemption, Excuse, and Deferral
19.17 There shall be no excuses or exemptions from jury service except those authorized
by R.C. 2313.16.
19.18 Prospective jurors may be excused for the reasons by R.C. 2313.16.
19.19 All requests for exemptions, excuses, and deferrals and their disposition shall be in
writing.
Voir Dire
19.20 Voir dire examination shall be limited to matters relevant to determining whether
to remove a juror for cause and to determine the juror’s fairness and impartiality.
19.21 To reduce the time required for voir dire, basic background information regarding
panel members shall be made available to counsel for each party for inspection at the
court.
19.22 The trial judge shall conduct a preliminary voir dire examination. Counsel shall
then be permitted to question panel members for a reasonable period of time.
19.23 The judge shall ensure that the privacy of prospective jurors is reasonably
protected and the questioning is consistent with the purpose of the voir dire process.
19.24 All voir dire examinations shall be held on the record.
19.25 Rules on voir dire:
(1) The case may not be argued in any way while questioning the jurors;
(2) Counsel may not engage in efforts to indoctrinate jurors;
(3) Jurors may not be questioned concerning anticipated instructions or theories of
law. This does not prevent general questions concerning the validity and
philosophy of reasonable doubt or the presumption of innocence;
(4) Jurors may not be asked what kind of verdict they might return under any
circumstance;
(5) Questions are to be asked collectively of the entire panel whenever possible.
Removal from the Jury Panel for Cause
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19.26 If the judge determines during the voir dire process that any individual is unable or
unwilling to hear the particular case at issue fairly and impartially, that individual shall be
removed from the panel. Such a determination may be made on motion of counsel or by
the judge.
Peremptory Challenges
19.27 Rules determining procedure for exercising peremptory challenges shall be in
accordance with the Ohio Civil and Criminal Rules adopted by the Supreme Court of
Ohio and applicable statutory authority.
Administration of the Jury System
19.28 The responsibility for administration of the jury system shall be vested with the
Court.
19.29 All procedures concerning jury selection and service shall be governed by Ohio
Rules of Court and the laws of the State of Ohio.
Notification and Summoning Procedures
19.30 The notice summoning a person to jury service and the questionnaire eliciting
essential information regarding that person shall be phrased so as to be readily
understood by an individual unfamiliar with the legal and jury systems and be delivered
by ordinary mail.
19.31 Jurors who fail to report for service may be brought before the Court to explain
why they did not appear. Sanctions will be imposed as warranted.
Monitoring the Jury System
19.32 The Court shall review the performance of the jury system annually in order to
evaluate the fairness, effectiveness, and efficiency of the jury system.
Juror Use
19.33 The Court shall employ the services of prospective jurors so as to achieve
optimum use with a minimum of inconvenience to jurors.
19.34 The Court shall determine the minimally sufficient number of jurors needed to
accommodate each particular trial.
Jury Facilities
19.35 The Court shall provide an adequate and suitable environment for jurors and
otherwise accommodate the needs of the jurors.
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19.36 To the extent feasible, juror facilities shall be arranged to minimize contact
between jurors, parties, counsel, and the public.
Juror Compensation
19.37 Persons called for jury service shall promptly receive a reasonable fee for their
service pursuant to statutory authority.
19.38 Employers shall be prohibited from discharging, laying-off, denying advancement
opportunities to, or otherwise penalizing employees who miss work because of jury
service.
Juror Orientation and Instruction
19.39 The court bailiff shall be responsible for providing information concerning jury
service to jurors in a uniform and efficient manner using combination of written, oral, or
audiovisual materials.
19.40 The trial judge shall:
(1) Give preliminary instructions to all prospective jurors;
(2) Give instructions directly following impanelment of the jury to explain the
jury’s role, the trial procedures, the nature of evidence and its evaluation, the
issue to be addressed, and the basic relevant legal principles;
(3) Prior to the commencement of deliberations, give instructions to the jury on
the law, on the appropriate procedures to be followed during deliberations, and
on the appropriate method for reporting the results of its deliberations, which
instructions shall be made available to the jurors during deliberations;
(4) Before dismissing a jury at the conclusion of a case, the trial judge shall
(a) See if counsel wishes to poll the jury;
(b) Release the jurors from their duty of confidentiality;
(c) Explain their rights regarding inquiries from counsel or the press;
(d) Either advise them that they are discharged from service or specify
where they must report; and
(e) Express appreciation to the jurors for their service, but not express
approval or disapproval of the result of the deliberation.
19.41 All communications between the judge and members of the jury panel from the
time of reporting to the courtroom for voir dire until dismissal shall be in writing or on
the record in open court. Counsel for each party shall be informed of such
communication and given the opportunity to be heard.
Jury Size and Unanimity of Verdict
19.42 Jury size and unanimity in civil and criminal cases shall conform with existing
Ohio law.
Jury Deliberations
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19.43 Jury deliberations shall take place under conditions and pursuant to procedures
that are designed to ensure impartiality and to enhance rational decision-making and shall
conform with existing Ohio law.
19.44 The judge shall instruct the jury concerning appropriate procedures to be followed
during deliberations.
19.45 A jury shall not be required to deliberate after a reasonable hour unless the trial
judge determines that evening or weekend deliberations would not impose an undue
hardship upon the jurors and are required in the interest of justice.
19.46 Training shall be provided to personnel who escort and assist jurors during
deliberation.
Sequestration of Jurors
19.47 A jury shall be sequestered only for good cause, including but not limited to
insulating its members from improper information or influences and according to law.
19.48 The trial judge shall have the discretion to sequester a jury on the motion of
counsel or on the judge’s initiative and shall have the responsibility to oversee the
conditions of sequestration.
19.49 The bailiff shall be responsible for ensuring that standard procedures are followed
to achieve the purpose of sequestration and minimize the inconvenience and discomfort
of the sequestered jurors.
19.50 Training shall be provided to personnel who escort and assist jurors during
sequestration.
Enforcement of Rules
19.51 The court reserves the right within its sound discretion to enforce these rules and
otherwise use and manage the jury system to ensure justice.
RULE 20
COURT SECURITY RULE
20.01 The Celina Municipal Court is charged with dispensing justice, supporting the
Constitution of the United States and Ohio and protecting the constitutional rights of
those who appear before the Court.
Accordingly, appropriate levels of security should exist in the court to protect the
integrity of court procedures and those present within, to protect the right of individuals
and to assure the court facilities are secure.
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Therefore, pursuant to the Rules of Superintendence the court establishes the following:
The Court has reviewed the Court Security Standards Manual, Model Court
Security Operations Manual and other related, similar and associated materials
and has used the same as a reference manual and guidance and assistance. It has
addressed the Ohio Security Standards adopted by the Supreme Court of Ohio on
October 17, 1994.
Subject to change hereafter as may be necessary, warranted or financially
possible, considering in part the physical design of the structure the court is
housed in and security procedures already incorporated, adopted and in use, the
local security practice, procedures and policies currently existing and utilized by
the Celina Municipal court are to remain in effect.
These practices will maintain accessibility of the court to the community and
provide security for the same.
RULE 21
FACSIMILE FILING RULE
21.00 The provisions of this local rule are adopted under [Civ.R. 5(E)] [Civ.R. 73(J)]
[Crim.R. 12 (B)] [Juv.R. 8] [App.R. 13(A)].
Pleadings and other papers may be filed with the Clerk of Courts by facsimile
transmission to 419-586-4735 subject to the following conditions:
APPLICABILITY
21.01 This rule applies to civil, criminal and small claims proceedings in the Celina
Municipal Court.
ORIGINAL FILING
21.02 A document filed by fax shall be accepted as the effective original filing. The
person making a fax filing need not file any source document with the clerk of court but
must, however, maintain in his or her records and have available for production on
request by the court the source document filed by fax, with original signatures as
otherwise required under the applicable rules, together with the source copy of the
facsimile cover sheet used for the subject filing.
21.03 The source document filed by fax shall be maintained by the person making the
filing until the case is closed and all opportunities for post judgment relief are exhausted.
DEFINITIONS
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21.04 A “facsimile transmission” means the transmission of a source document by a
facsimile machine that encodes a document into optical or electrical signals, transmits
and reconstructs the signals to print a duplicate of the source document at the receiving
end.
21.05 A “facsimile machine” means a machine that can send and receive a facsimile
transmission.
21.06 “Fax” is an abbreviation of “facsimile” and refers, as indicated by the context, to
facsimile transmission or to a document so transmitted.
COVER PAGE
21.07 The person filing a document by fax shall also provide therewith a cover page
containing the following information: [See appendix for sample cover page form.]
(A) the name of the court;
(B) the title of the case;
(C) the case number;
(D) the name of the judge to whom the case is assigned, if any;
(E) the title of the document being filed (e.g. Defendant’s Answer to
Complaint; Plaintiff’s Response to Motion to Dismiss; Plaintiff’s Notice
of Filing Exhibit to Plaintiff’s Response to Defendant’s Motion to
Dismiss);
(F) the date of transmission;
(G) the transmitting fax number;
(H) an indication of the number of pages included in the transmission,
including the cover page;
(I) if a judge or case number has not been assigned, state that fact on the
cover page;
(J) the name, address, telephone number, fax number, Supreme Court
registration number, if applicable, and e-mail address of the person filing
the fax document if available; and
(K) if applicable, a statement explaining how costs are being submitted.
21.08 If a document is sent by fax to the Clerk of Court without the cover page
information listed above, the clerk may, at its discretion:
(A) enter the document in the case docket and file the document; or
(B) deposit the document in a file of failed faxed documents with a notation of
the reason for the failure; in this instance, the document shall not be
considered filed with the Clerk of Courts.
21.09 The Clerk of Court is not required to send any form of notice to the sending party
of a failed fax filing. However, if practicable, the clerk may inform the sending party of a
failed fax filing.
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SIGNATURE
21.10 A party who wishes to file a signed source document by fax shall either:
(A) fax a copy of the signed source document; or
(B) fax a copy of the document without the signature but with the notation
“/s/” followed by the name of the signing person where the signature
appears in the signed source document.
21.11 A party who files a signed document by fax represents that the physically signed
source document is in his/her possession or control.
EXHIBITS
21.12 Each exhibit to a facsimile produced document that cannot be accurately
transmitted via facsimile transmission for any reason must be replaced by an insert page
describing the exhibit and why it is missing. Unless the court otherwise orders, the
missing exhibit shall be filed with the court, as a separate document, not later than five
(5) court days following the filing of the facsimile document. Failure to file the missing
exhibits as required by this paragraph may result in the court striking the document
and/or exhibit.
21.13 Any exhibit filed in this manner shall be attached to a cover sheet containing the
caption of the case which sets forth the name of the court, title of the case, the case
number, name of the judge and the title of the exhibit being filed (e.g., Plaintiff Smith’s
Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendant’s Motion to
Dismiss), and shall be signed and served in conformance with the rules governing the
signing and service of pleadings in this court.
TIME OF FILING
21.14 Subject to the provisions of these rules, all documents sent by fax and received by
the clerk shall be considered filed with the Clerk of Courts as of the date the clerk file-
stamps the document received, as opposed to the date and time of the fax transmission.
However, the fax machine will be available to receive facsimile transmission of
documents on the basis of 24 hours per day seven days per week including holidays.
21.15 Fax filings may NOT be sent directly to the court for filing but may only be
transmitted directly through the facsimile equipment operated by the clerk of courts.
21.16 The Clerk of Court may, but need not, acknowledge receipt of a facsimile
transmission.
21.17 The risks of transmitting a document by fax to the clerk of courts shall be borne
entirely by the sending party. Anyone using facsimile filing is urged to verify receipt of
such filing by the Clerk of Court through whatever technological means are available.
FEES AND COSTS
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21.18 No document filed by facsimile that requires a filing fee shall be accepted by the
clerk for filing until court cost and fees have been paid. Documents tendered to the clerk
without payment of court cost and fees or which do not conform to applicable rules will
not be filed.
21.19 No additional fee shall be assessed for facsimile filings.
LENGTH OF DOCUMENT
21.20 Facsimile filings shall not exceed ten (10) pages in length. The filer shall not
transmit service copies by facsimile.
RULE 22
Expungements
22.01 Expungement applications filed pursuant to Section 2953.32 O.R.C. shall contain
the following information concerning the applicant:
1. Exact name, including any applicable former name(s).
2. Date of birth.
3. Former conviction information including court case number, description of
crime, applicable code section, date of conviction and sentence of Court.
4. A statement that the defendant is an eligible offender and has never had
another case expunged that would make them ineligible for an expungement.
RULE 23
Electronic Filing
23.01 Supreme Court Login/Report
The Clerk of Court shall submit in electronic format via the Ohio Supreme court website
reports as required by Supreme Court Sup.R. 37.01 through 37.03. The reports shall be as
perceived the by the Supreme Court and submitted no later than the fifteenth day after the
close of the reporting period. Only the Judge and the Clerk of Court shall have access to
the Supreme Court website login credentials. The Judge and the Clerk shall take all
necessary steps to ensure and maintain the security of the Supreme Court website login
credentials.
RULE 24
Collections
24.01 Collection of Delinquent Fines, Cost and Restitution
The clerk of the court is authorized to contract with an outside service provider for the
collection of delinquent fines, court cost and restitution. Any person or entity that does
not pay fines, cost, and/or restitution by a deadline that the court has set may be charged
additional court costs in connection with that debt-collection process.
RULE 25
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Assigned Counsel
25.01 A list of attorneys available for appointment shall be maintained by the Court.
Upon a proper affidavit of indigency, the Court shall appoint an attorney for parties in
those cases for which appointed counsel is permitted.
25.02 Assigned counsel shall receive compensation for professional services and be
reimbursed for expenses in accordance with R.C. 2941.51. Upon the completion of the
service, it shall be the duty of such assigned counsel to submit an itemized statement of
the services rendered and the time spent in connection with such services in the
preparation and trial or other disposition of same, and any out-of-pocket expenses
incurred therein. The Court shall determine the amount of compensation within the
statutory limit thereon, in accordance with schedule of fees adopted by the Board of
County Commissioners of Mercer County. No fees in excess of the maximums
prescribed therein shall be approved unless prior to incurring such expenses, counsel
shall make application to the Court and obtain prior approval therefore by judgment
entry.
NOTE: Pursuant to RC 120.33(A)(4), all requests for reimbursement are due to the
Office of the Ohio Public Defender within ninety (90) days after the end of the
month in which the case was finally disposed of or terminated. To provide sufficient
processing time for the request at the county level and the state level, the request is
due to the Court within thirty (30) days after the case is disposed of or terminated.
Failure to comply may result in reimbursement amounts being reduced by a rate
equal to the Ohio Public Defender’s current reimbursement rate.
RULE 26
Mediation
The “Ohio Uniform Mediation Act” under Revised Code Chapter 2710 and Rule 16 of
the Supreme Court of Ohio Rules of Superintendence is incorporated herein.
26.01 Definitions
“Mediation” is any process by which a mediator facilitates communication and
negotiation between the parties to assist them in reaching a voluntary agreement
regarding their dispute. “Mediator” is any neutral and impartial individual who conducts
a mediation. Mediators are independent contractors not employed by the court.
26.02 Domestic Violence
Per Superintendence Rule 16.21 the use of mediation is prohibited (A) as an alternative to
the prosecution or adjudication of domestic violation; (B) in determining whether to
grant, modify, or terminate a protection order; (C) in determining the terms and
conditions of a protection order; and (D) in determining the penalty for violation of a
protection order.
26.03 Referral to Mediation
All civil cases may be reviewed by the judge for referral to mediation. If the parties do
not settle the dispute in mediation, the case will proceed to trial. If a plaintiff fails to
appear, the matter is subject to dismissal. If the parties to any civil case are directed by
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the court to participate in mediation, the parties must do so at their expense. The Judge
will select the Mediator.
26.04 Mediation Case Summary
Not fewer than five days before the first mediation session, each party shall submit to the
mediator a summary of facts and circumstances of the dispute, any arguments in support
of their respective positions, the status of their compliance with any discovery requests,
the amount of damages requested, and a summary of any prior settlement negotiations
between the parties. The parties shall promptly provide whatever additional information
and materials they deem necessary to aid the mediator in understanding the dispute. The
mediator may request that the parties provide clarification or additional information.
Parties may, but are not required, to have an attorney present at mediation to advise them.
If any Attorney is going to attend mediation, they must let the opposing party know so
they can have their Attorney attend as well, if desired. When a corporation or other legal
entity is a party to mediation, a person with the authority to settle the case on behalf shall
participate in the mediation session.
26.05 No Advice
No statement by a mediator in mediation may be construed as giving legal advice.
Materials for legal services and other support services may be provided to all parties,
including victims and alleged victims of domestic violence. The mediator is authorized to
provide such resource information; however, such distribution shall not be construed as a
recommendation of, or referral to, such resource. The recipient of that information is
charged with the duty to evaluate those resources independently.
26.06 Mediation Report and Confidentiality
The mediation process is confidential. All mediation communications are privileged as
described in Revised Code Sections 2710.03-2710.05. Following mediation, the parties
shall inform the court, in compliance with Revised Code Section 2710.06, who attended
the mediation and whether the case settled. No other information shall be directly or
indirectly communicated by the mediator to the court, unless all who hold a mediation
privilege, including the mediator, have consented to such disclosure. The mediator shall
keep mediation communications confidential, unless all who hold a mediation privilege,
including the mediator, have consented to such disclosure.
26.07 Settlement Agreement
If a settlement is reached, the parties shall notify the court in writing. The matter shall be
reduced to writing in the form of a Consent Agreement to be signed by the parties, their
Attorneys and approved by the Judge.